J: NONKA XAVIER BECERRA Attorney General of California Attorney General E4 LAWRENCE MERCER I . San Francisco County Superior Court Deputy Attorney General . State Bar NO. 111898 . . . JUN 1 2 2019 455 Golden GateAvenue, Suite 11000 San Francisco, CA. 94102-7004 Telephone: (415) 510-3488 Fax: (415) 703?5480 E-mail: Larry.rnercer@doj.ca.gov Attorneys for Petitioner and Real Party in Interest SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO DEAN R. GRAFILO, DIRECTOR OF THE - DEPARTMENT OF CONSUMER Case No. OFF --AFFAIRS, STATE OF CALIFORNIA, . DECLARATION OF SUPERVISING Plaintiff, SPECIAL INVESTIGATOR RASHYA HENDERSON IN SUPPORT OF v. PETITION FOR ORDER TO SHOW CAUSE AND ORDER COMPELLING COMPLIANCE WITH KAISER FOUNDATION INVESTIGATIONAL SUBPOENA PERMANENTE MEDICAL GROUP Date: Time: Respondent, Dept: 302 - Judge: Hon. Ethan P. Schulman? Trial Date: TBA - Action Filed: June 12, 2019 KIMBERLY KIRCHMEYER, EXECUTIVE DIRECTOR, MEDICAL BOARD OF CALIFORNIA, RealParty in Interest. I, RASHYA HENDERSON, declare that the following matters are true and correct: 1. l'am the Supervising Special InvestigatOr in the Complaint Investigation Office, Medical Board of California (Board), which investigates complaints received by the Board and obtains the evidence necessary to determine whether physicians are violating the Medical Practice Act and related laws relating to the practice Of medicine. 1 DECLARATION RASHYA HENDERSON OO-JON 2017, the Board began receiving complaints that school-aged children were obtaining vaccination exemptions based upon medical conditions that did not appear to be valid. 3. On May 17, 2018, the Board received an email complaint from the Assistant Chief of Pediatrics at Kaiser, Roseville, reporting that. a Kaiser patient was given an inappropriate vaccine exemption letter by Dr. Michael Allen. On May 21, 2018, the complainant faxed a redacted copy of the vaccine exemption letter, which stated that the child was a patient of his and that the child was permanently exempted from all immunizations. 4. On February 26, 2019, the complaint and vaccine exemption were reviewed by James Nuovo, M.D., who is, a medical consultant?to the Board. On March 7, 2019, Dr. Nuovo advised that there was insuf?cient evidence that Dr. Allen performed a good faith evaluation of the child and that further investigation was necessary to determine whether or not Dr. Allen was violating the laws relating to physicians and vaccine. exemptions. 5. On March 11, 2019,. I served an investigational subpoena on Kaiser Foundation Hospitals (KFH). The subpoena required KFH to provide an unredacted copy of the exemption, as well as information identifying any other Kaiser pediatric patients who received vaccine exemptions from Dr. Allen, and their parents. 6. On March 28, 2019, counsel for KFH and The Permanente Medical Group advised that the subpoenaed information would be provided, if the Board ?rst obtained a court order compelling its release. 7. Attached to this declaration are true and correct COpies of the following documents: Complaint dated May 17, 2018 (redacted); Vaccine exemption letter, dated May 21, 2018; Investigational subpoena, dated March 10, 2019; 35.090? Letter dated March 28, 2019 from attorney Tom Freeman. 2 DECLARATION OF SSI RASHYA HENDERSON Executed under penalty of perjury on May 2019, at Sacramento, California. 21450208.docx DECLARATION OF 881 RASHY A HENDERSON Exhibit A Complaint k/ HanlderSOH, Rashya?N1?EEf? ..: - Erg?u- . i; .2 - :gsg?ti; . May 17-, 2918 19:95 AM 1 . - To Henderson Rashya@MBC 1' . .1Sixbj?iajc?fr - RE:Vacc1neexempt19n '11? 9 . 1' .91 Rashya . . - f??ig??i?jgli-t?eii? 99112.91; r'npfcions' arego'i'ng. have _got'tien. mere names 9f 'p'afienf?s at our clinic 11.1119 have g'Qtt'en mechally Inappropriate Vaccine exemptions since we last talked; - 1 5' 1840 Srerra Gardens Dr . Rosewlle. Ewe-?- .j-bestcerefer . . . evyewpattenhevery tyne. A . 1 a From Henderson, Rashya@MBC [m 111:9,Rashya Henderson@mbc ca; gov]m .1- JG 32 1- frny@ kp. org> Caution' TEliis 9111211 92199 15:9111 91115169 K9139: Pemnuente D9: not open attachments or click 99 links 1? }911 _do 991 recoomze the sender. 1 Exhibit Exemption 9167376450, 9162630141, 2/2. .- - :28 Fax ?1 2Q18, 105 21 14 . ?um, Mlchael Allen11344colnmaad..5ulteus A. fame-15?9?? - Gold mm CA 95670 - - . . Nam":? Dept: . - Prov: ARCA. MELISSA-ZARRAGOZA MD.) 0' {140.018 Prov "127604 April 24, 2018 To Whom It May Concern, MMR. HPV, Varicella, eningococcal, In?uenzapanldany abet-?immunization deemed necegsary, new and/or in the future; . The physical condition of this? child. and the medical circumstances related to this child are such, thatjmmuniza?ons constitute a greater risk ?ian bene?t for this Environmental'AlleI-gies, andMemal-Health Disorders; Please feel ?ee to cdntaCt ?ie with any questions; Respectfully, Michael Allen MD, FAAP Board Certi?ed in Pediatrics Con?dentiality Notice To The School - - Family Rights and PrtpacyAct (PERM), pneve'ns the discursure of erson - Inlet-nation in a student'spducatiann! ?rd'cord Mthout?the consent ofa? parent or 2111331: 3333:: Egg-die years. gr older), ghleegan'excepdon no the law?s genem! conseht're?cjutremcnt applies. A Student?s health records includugg Immunization 'infomatmnand other records maintained by a school nurse are cozisldc?red an of th I student's education record and are pmtfectedh-om disclosure under a?y?one oi- ondw ou?wld: the school-Mthout parental consent, including this report, unlessPH orthe child hasheen' redacted. Exhibit Subpbena i 1 r, i 5 I BEFORE THE DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA 2 3: In the Matter of the Investigation of: . 4 Michael Fielding Allen, M.D. INVESTIGATIONAL SUBPOENA 5. Case Number 800-2018-044591 . DUCES TECUM TO PRODUCE 6, . . PAPERS AND DOCUMENTS To: Kaiser Foundation Hospitals - i 7 1950 Franklin Street, 17?1 Floor 3 8 Oakland, California 94612 3 9 ATTN: Thomas Freeman/MarionPursuant .to the powers conferred upon the Director of the Department of Consumer Affairs .13 (DCA) of the State of California as head of the .DCA by SectiOns 11180 through 11191 of the 14 Government Code of California, which powers have been delegated by the said Director under SectiOn 15 7 of the Government Code to Staff Services Manager H, Paulette Romero of the Medical Board of 1 6 California, a health oversight agency. 17 YOU ARE HEREBY COMMANDED to appear before Supervising Special Investigator 18 (S SI)_Rashya Henderson and/or any other duly authorized representative(s) of the Medical Board of 19 California Enforcement Program staff, at1855 Gateway Boulevard, Suite 32L Concord, California 20_ 94520, on the 10th day of April, 2019, at the hour of 9:30 then and there to testify and to 21 answer questions propounded to you in connection with the above titled investigation and to bring 22 with you, and there produce, any and all writings as'defmed by Evidence Code Section 250, including 23 but not limited to, all the papers, books, accounts, documents and records described in the attached 2 4 list, regardless of the formin which they are kept, and including all electronic or computer forms of .25 records. ?26 ?7 28: EMF-67 (Rev;01l12) Investigational Subpoena Due-es Te?cum 1 I For purposes of this subpoena, all. references to records and documentation inelude, but are not limited to, production of minutes, notes, electronic communications, audio and video. recordings, 2 . 3 reports, ?ndings, recommendations or evaluations, taken during any formal orinforr?nal conference's, 4 discussions or meetings. 5 For failure to comply with the commands of this subpoena, you will be liable to the 6 proceedings and penalties provided bylaw. 7 NOTICE: If you con?rm with SSI Henderson that the speci?c papers and documents 8 commanded in this subpoena 'duces tecum have been, or will be,'delivered or otherwise produced 9 to SSI Henderson at 2005 Evergreen Street, Suite 1200', Sacramento, California 95815, before 10 the time of your appearance, then you DO NOT need to appear. If the records produced are not 1-1 certi?ed, you must personally appear on the date, time and location indicated on the preceding- 12 page- . . 13 If you have any questions, contact SSI Henderson at (916) 263-2563 or i 14 Rashva.Henderson@mbc.ca.gov. 15 .16 Given under my hand this day of, 2019. 17 I 18- 19 DmoyO Paulette Romero 20 Staff Services Manager II . Department of Consumer Affairs 21 :Medical Board of California 2 2 Enforcement Program 23 24 2'57 26 27 28 (Rev. 01/12) Investigational Subpoena Duces Tecum - 2 10 ll 12 l3 l4 SUBPOENA FOR AGENCY RECORDS Regarding medical vaccination exemptions written by Michael Fielding Allen, M.D..=submitted to Kaiser Foundation Hospitals (KFH) via Kaiser Permanente Roseville Pediatrics. This includes, but is not limited to: 1. Unredacted copy of medical vaccination exernptiOn letters received by KFH/Kaiser Permanente RoSeville Pediatrics from Dr. Allen; - 2. Name and date of birth of all children with medical vaccination exemptions ?om Dr. Allen; 3. - Name of parent and/or legal guardian of any and all children with medical vaccination exemption on ?le with KPH/Kaiser Permanente Rosevill'e Pediatrics from Dr. Allen; 4. I Contact information (to include physical. address, telephone number, and, if posSible, e- mail address) of parent and/or legal guardian of any and all children with medical vaccination exemption on file with KPH/Kaiser Permanente Roseville Pediatrics from Dr. AllenENF-67 (Rev. 66/09) Exhibit Subpoena Response ?1111 LLP Mark Palley . . Latham Square 1 Telephone Thomas M. Freeman 1611 Telegraph Ave. Suite 70?? (5?10) 451467.70 Yvonne M, Pierrou - . - 7 Oakland, California 94612-2145 1 marionsinn. com? Fadsirnile (510) 451-1711 DBhi?Se?_Ngd John A. NeWt'on March. 28, "2019 Ra's'hya- HendBISon . . Supervising Special Investigator - MedicalB?d'ard of CA- 12005 Evergreen. street, Ste. 1200 Sacramento, CA 95815 gov RE: Dean R. Gra?l?o. Vs.- The Permanente Medzcal Gr0up San Franasce Ceun?eSuperier Gear-t GaseNo43PFr18w516346 Dear Ms. Hedd?r?sioii, . I am attaching? the tbspon'se ?10m The Perr'rlanehte Medical Group, :Inc' to the mvesuoattonal Subpoem recently served on 1 of the Permanente Medical Group, Inc. Our client' 13 prepared to provide the names of its patients, as requested' 1n the subpoena if - please see the Response from TPMG to the- SDT, and a draft st1pulat1on and draft order for your cons1deratlon Please feel free to call me if you have any questions. Thank you